Dipawali Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70154 of 2018 Arising Out of PS. Case No.-141 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ======================================================
1. Dipawali Devi, W/o Sudarshan Singh.
2. Sudarshan Singh S/o Late Prahlad Singh, Both Residents of Village + P.O.- Bherwaniya, P.S. Bhagwanpur Hat, DistrictSiwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Shekhar Tiwary For the Opposite Party/s :
Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-12-2018 Heard learned counsels for the parties.
The petitioners, being parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 201, 304B/34 of the IPC.
The prosecution case as per the written report of Sudama Singh dated 3.7.2018 submitted to the SHO, Bhagwanpur (Hat) Police Station is to the effect that daughter of the informant namely Seema Kumari was married to Vikash Singh three years prior to the lodging of the case. It is alleged that for non-fulfillment of dowry demand, the husband of the victim and her in-laws killed her on 29.6.2018 by subjecting her to brutal assault. On information being received on 30.6.2018, when the
Patna High Court Cr.Misc. No.70154 of 2018(2) dt.06-12-2018 2/3 informant reached to the in-laws' house of his daughter, he came to know that the dead body has been cremated and he was taken into captivity by the accused persons and subsequently, on being released on 3.7.2018, the written report was submitted.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim. Admittedly, the informant came to know about the occurrence on 30.6.2018 but the FIR was registered on 4.7.2018, which reached to the Court of learned ACJM-II, Siwan on 11.7.2018 which suggests the antedating of the FIR.
Learned APP submits that the petitioners are named in the FIR.
Considering the thrust of accusation against the husband of the victim and delayed lodging of the FIR, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM II, Siwan in connection with Bhagwanpur Hat P.S. Case No.141 of 2018 subject to the
Patna High Court Cr.Misc. No.70154 of 2018(2) dt.06-12-2018 3/3 conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U